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Government community service contracts : restraining abuse of power

McGregor-Lowndes, Myles & McBratney, Amanda (2011) Government community service contracts : restraining abuse of power. Public Law Review, 22(4), pp. 279-297.

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Abstract

The use of grant contracts to deliver community services is now a significant feature of all Australian government administrations. These contracts are the primary instrument governing the provision of such services to citizens and are largely outside the usual parliamentary review mechanisms and constraints. This article examines the extent of the erosion of fundamental constitutional principles facilitated by the use of private contracts, by applying the principles used in scrutiny of delegated legislation to standard form federal and State community service contracts. It reveals extensive executive power which, if the relationship were founded in legislative instruments rather than in private contract, would have to be justified to Parliament at least and possibly not tolerated.

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ID Code: 47580
Item Type: Journal Article
ISSN: 1034-3024
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > ACCOUNTING AUDITING AND ACCOUNTABILITY (150100) > Accounting Auditing and Accountability not elsewhere classified (150199)
Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2011 Lawbook Co. / Thomson Reuters (Australia/NZ)
Deposited On: 09 Dec 2011 09:43
Last Modified: 27 Sep 2013 06:46

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